Financial Management of Parliament Act, 2009
R 385
Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Chapter Ten : Monitoring, Enforcement and Legal proceedingsPart B : Legal proceedings76A. Fine for not complying with national minimum wage |
| (1) | Subject to section 76, a fine that may be imposed on an employer who paid an employee less than the national minimum wage, is an amount that is the greater of— |
| (a) | twice the value of the underpayment; or |
| (b) | twice the employee’s monthly wage. |
| (2) | For second or further non-compliances, a fine that may be imposed on the employer is an amount that is greater of— |
| (a) | thrice the value of the underpayment; or |
| (b) | thrice the employee’s monthly wage. |
| (3) | The Minister may issue guidelines on the determination of whether a non-compliance is a second or further non-compliance, as envisaged in subsection (2). |
| (4) | The Department must maintain and publish on its official website, on a quarterly basis, a list of all employers who were issued with compliance orders. |
[Section 76A inserted by section 20 of Notice No. 1302, GG 42059, dated 27 November 2018]
